Compilation of the Social Security Laws

PROGRAMS OPERATED BY INDIAN TRIBAL ORGANIZATIONS

Sec. 479B. [42 U.S.C. 679c](a) Definitions
of Indian Tribe; Tribal Organizations.—In this section, the terms “Indian tribe” and “tribal organization” have the meanings given those terms
in section 4 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b).

(b) Authority.— Except as otherwise provided in this section, this part shall
apply in the same manner as this part applies to a State to an Indian
tribe, tribal organization, or tribal consortium that elects to operate
a program under this part and has a plan approved by the Secretary
under section 471 in accordance with
this section.

(1) In general.—An Indian tribe, tribal organization, or tribal consortium that
elects to operate a program under this part shall include with its
plan submitted under section 471 the
following:

(A) Financial management.—Evidence demonstrating
that the tribe, organization, or consortium has not had any uncorrected
significant or material audit exceptions under Federal grants or contracts
that directly relate to the administration of social services for
the 3-year period prior to the date on which the plan is submitted.

(B) Service areas and populations.—For
purposes of complying with section 471(a)(3), a description of the service area or areas and populations to be
served under the plan and an assurance that the plan shall be in effect
in all service area or areas and for all populations served by the
tribe, organization, or consortium.

(i) In
general.—Subject to clause (ii) of this
subparagraph, an assurance that the plan will provide—

(I) foster care
maintenance payments under section 472 only on behalf of children who satisfy the eligibility requirements
of section 472(a);

(II) adoption
assistance payments under section 473 pursuant to adoption assistance agreements only on behalf of children
who satisfy the eligibility requirements for such payments under that
section; and

(III) at the
option of the tribe, organization, or consortium, kinship guardianship
assistance payments in accordance with section 473(d) only on behalf of children who
meet the requirements of section 473(d)(3).

(ii) Satisfaction
of foster care eligibility requirements.—For purposes of determining whether a child whose placement and care
are the responsibility of an Indian tribe, tribal organization, or
tribal consortium with a plan approved under section 471 in accordance with this section satisfies
the requirements of section 472(a), the following shall apply:

(I) Use of affidavits, etc.—Only with respect
to the first 12 months for which such plan is in effect, the requirement
in paragraph (1) of section 472(a) shall not be interpreted so as to prohibit the use of affidavits
or nunc pro tunc orders as verification documents in support of the
reasonable efforts and contrary to the welfare of the child judicial
determinations required under that paragraph.

(II) AFDC eligibility requirement.—The State
plan approved under section 402 (as
in effect on July 16, 1996) of the State in which the child resides
at the time of removal from the home shall apply to the determination
of whether the child satisfies section 472(a)(3).

(D) Option to claim in-kind expenditures from third-party sources for
non-federal share of administrative and training costs during initial
implementation period.—Only for fiscal
year quarters beginning after September 30, 2009, and before October
1, 2014, a list of the in-kind expenditures (which shall be fairly
evaluated, and may include plants, equipment, administration, or services)
and the third-party sources of such expenditures that the tribe,
organization, or consortium may claim as part of the non-Federal share
of administrative or training expenditures attributable to such quarters
for purposes of receiving payments under section 474(a)(3). The Secretary shall permit
a tribe, organization, or consortium to claim in-kind expenditures
from third party sources for such purposes during such quarters subject
to the following:

(i) No
effect on authority for tribes, organizations, or consortia to claim
expenditures or indirect costs to the same extent as states.—Nothing in this subparagraph shall be construed as preventing
a tribe, organization, or consortium from claiming any expenditures
or indirect costs for purposes of receiving payments under section 474(a) that a State with a plan approved
under section 471(a) could claim
for such purposes.

(I) Expenditures other than for training.—With respect to amounts expended during a fiscal year quarter beginning
after September 30, 2009, and before October 1, 2011, for which the
tribe, organization, or consortium is eligible for payments under
subparagraph (C), (D), or (E) of section 474(a)(3), not more than 25 percent of such amounts may consist
of in-kind expenditures from third-party sources specified in the
list required under this subparagraph to be submitted with the plan.

(II) Training expenditures.—With respect
to amounts expended during a fiscal year quarter beginning after
September 30, 2009, and before October 1, 2011, for which the tribe,
organization, or consortium is eligible for payments under subparagraph
(A) or (B) of section 474(a)(3), not more than 12 percent of such amounts may consist of in-kind
expenditures from third-party sources that are specified in such list
and described in subclause (III).

(III) Sources described.—For purposes of
subclause (II), the sources described in this subclause are the following:

(I) In general.—Except as provided in subclause
(II) of this clause and clause (v) of this subparagraph, with respect
to amounts expended during any fiscal year quarter beginning after
September 30, 2011, and before October 1, 2014, for which the tribe,
organization, or consortium is eligible for payments under any subparagraph
of section 474(a)(3) of this
Act, the only in-kind expenditures from third-party sources that may
be claimed by the tribe, organization, or consortium for purposes
of determining the non-Federal share of such expenditures (without
regard to whether the expenditures are specified on the list required
under this subparagraph to be submitted with the plan) are in-kind
expenditures that are specified in regulations promulgated by the
Secretary under section 301(e)(2) of the Fostering Connections to
Success and Increasing Adoptions Act of 2008 and are from an applicable
third-party source specified in such regulations, and do not exceed
the applicable percentage for claiming such in-kind expenditures specified
in the regulations.

(II) Transition period for early approved tribes, organizations, or
consortia.—Subject to clause (v), if
the tribe, organization, or consortium is an early approved tribe,
organization, or consortium (as defined in subclause (III) of this
clause), the Secretary shall not require the tribe, organization,
or consortium to comply with such regulations before October 1, 2013.
Until the earlier of the date such tribe, organization, or consortium
comes into compliance with such regulations or October 1, 2013, the
limitations on the claiming of in-kind expenditures from third-party
sources under clause (ii) shall continue to apply to such tribe, organization,
or consortium (without regard to fiscal limitation) for purposes
of determining the non-Federal share of amounts expended by the tribe,
organization, or consortium during any fiscal year quarter that begins
after September 30, 2011, and before such date of compliance or October
1, 2013, whichever is earlier.

(III) Definition of early approved tribe, organization,
or consortium.—For purposes of subclause
(II) of this clause, the term “early approved tribe, organization,
or consortium” means an Indian tribe, tribal organization,
or tribal consortium that had a plan approved under section 471 in accordance with this section for
any quarter of fiscal year 2010 or 2011.

(iv) Fiscal
year 2015 and thereafter.—Subject to
clause (v) of this subparagraph, with respect to amounts expended
during any fiscal year quarter beginning after September 30, 2014,
for which the tribe, organization, or consortium is eligible for payments
under any subparagraph of section 474(a)(3) of this Act, in-kind expenditures from third-party sources may be
claimed for purposes of determining the non-Federal share of expenditures
under any subparagraph of such section 474(a)(3) only in accordance with the regulations promulgated
by the Secretary under section 301(e)(2) of the Fostering Connections
to Success and Increasing Adoptions Act of 2008.

(v) Definition
of early approved tribe, organization, or consortium.—For purposes of subclause (II) of this clause, the term “early approved tribe, organization, or consortium” means an
Indian tribe, tribal organization, or tribal consortium that had a
plan approved under section 471 in
accordance with this section for any quarter of fiscal year 2010 or
2011.

(I) in the case
of any quarter of fiscal year 2012, 2013, or 2014, the limitations
on claiming in-kind expenditures from third-party sources under clause
(ii) of this subparagraph shall apply (without regard to fiscal limitation)
for purposes of determining the non-Federal share of such expenditures;
and

(II) in the
case of any quarter of fiscal year 2015 or any fiscal year thereafter,
no tribe, organization, or consortium may claim in-kind expenditures
from third-party sources for purposes of determining the non-Federal
share of such expenditures if a State with a plan approved under section 471(a) of this Act could not claim in-kind
expenditures from third-party sources for such purposes.

(2) Clarification
of tribal authority to establish standards for tribal foster family
homes and tribal child care institutions.—For purposes of complying with section 471(a)(10), an Indian tribe, tribal organization, or tribal
consortium shall establish and maintain a tribal authority or authorities
which shall be responsible for establishing and maintaining tribal
standards for tribal foster family homes and tribal child care institutions.

(3) Consortium.—The participating Indian tribes or tribal organizations of a
tribal consortium may develop and submit a single plan under section 471 that meets the requirements of this
section.

(1) Per
capita income.—For purposes of determining
the Federal medical assistance percentage applicable to an Indian
tribe, a tribal organization, or a tribal consortium under paragraphs
(1), (2), and (5) of section 474(a), the calculation of the per capita income of the Indian tribe, tribal
organization, or tribal consortium shall be based upon the service
population of the Indian tribe, tribal organization, or tribal consortium,
except that in no case shall an Indian tribe, a tribal organization,
or a tribal consortium receive less than the Federal medical assistance
percentage for any State in which the tribe, organization, or consortium
is located.

(2) Consideration
of other information.—Before making a
calculation under paragraph (1), the Secretary shall consider any
information submitted by an Indian tribe, a tribal organization, or
a tribal consortium that the Indian tribe, tribal organization, or
tribal consortium considers relevant to making the calculation of
the per capita income of the Indian tribe, tribal organization, or
tribal consortium.

(e) Nonapplication
to Cooperative Agreements and Contracts.—Any cooperative agreement or contract entered into between an Indian
tribe, a tribal organization, or a tribal consortium and a State for
the administration or payment of funds under this part that is in
effect as of the date of enactment of this section shall remain in
full force and effect, subject to the right of either party to the
agreement or contract to revoke or modify the agreement or contract
pursuant to the terms of the agreement or contract. Nothing in this
section shall be construed as affecting the authority for an Indian
tribe, a tribal organization, or a tribal consortium and a State
to enter into a cooperative agreement or contract for the administration
or payment of funds under this part.

(f) John
H. Chafee Foster Care Independence Program.—Except as provided in section 477(j), subsection (b) of this section shall not apply with respect to
the John H. Chafee Foster Care Independence Program established under
section 477 (or with respect to payments
made under section 474(a)(4) or grants made under section 474(e)).

(g) Rule
of Construction.—Nothing in this section
shall be construed as affecting the application of section 472(h) to a child on whose behalf payments
are paid under section 472, or the
application of section 473(b) to
a child on whose behalf payments are made under section 473 pursuant to an adoption assistance
agreement or a kinship guardianship assistance agreement, by an Indian
tribe, tribal organization, or tribal consortium that elects to operate
a foster care and adoption assistance program in accordance with
this section.

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